'(1) It shall not be required, as a condition of a pupil being admitted to a maintained school, that:

(a)

he must attend or abstain from attending a place of religious worship;

(b)

his parents or guardians must attend or abstain from attending a place of religious worship.

(c)

the pupil, his parent(s) or guardian(s) belong to any particular faith or denomination.

(2) The local education authority after consultation with the admission forum may by regulation authorise that, notwithstanding (1) a maintained school may admit between 20 per cent. and 75 per cent. of pupils who have a particular faith or denomination.

(3) Where the local education authority is informed that there are insufficient applications to a particular maintained school to fill the available places, the local education authority may after consultation with the admission forum authorise an increase up to 100 per cent. in the numbers of pupils admitted who are of the particular faith or denomination of the maintained school in question.'.

Employment etc. of teachers: religious issues

Mr Phil Willis
Mr David Laws

NC2

To move the following Clause:

'(1) The School Standards and Framework Act 1998 (c. 59) is amended as follows.

(2) Section 58 (Appointment and dismissal of certain teachers at schools with a religious character) shall cease to have effect.

(3) Section 59 (Staff at community, secular foundation or voluntary, or special school) is amended by leaving out subsection (1) and inserting

"(1)

This section applies to any maintained school."

(4) Section 60 (Staff at foundation or voluntary school with a religious character) shall cease to have effect.'.

'(1) It shall not be required, as a condition of a pupil being admitted to a maintained school, that:

(a)

he must attend or abstain from attending a place of religious worhip;

(b)

his parents or guardians must attend or abstain from attending a place of religious worship;

(c)

the pupil, his parent(s) or guardian(s) belong to a particular faith or denomination.

(2) The local education authority after consultation with the admission forum may by regulation authorise that, notwithstanding (1) a maintained school may admit between 20 per cent. and 75 per cent. of pupils who have a particular faith or denomination.

(3) Where the local education authority is informed that there are sufficient applications to a particular maintained school to fill the available places, the local education authority may after consultation with the admission forum authorise an increase up to 100 per cent. in the numbers of pupils admitted who are of the particular faith or denomination of the maintained school in question.

(4) This section shall only have effect in respect of schools established after the coming into force of this Act.'.

Modification of employment law

Mr Phil Willis
Mr David Laws

NC3

To move the following Clause:

'(1) In section 81 of the School Standards and Framework Act 1998 as amended by Schedule 21 to this Act there is added at the end of sub-section (1) "or as he considers necessary to ensure that persons employed to work in schools to whom those provisions apply have the benefit of the rights conferred by school enactments as if the governing bodies of those schools were their employers."

(2) In Paragraph 3 of the Education (Modification of Enactments Relating to Employment) Order 1999 S.I. 1999/2256. There is added

(a)

after sub-paragraph (1)(e)

"(f) in the case of the Transfer of Undertakings (Protection of Employment) Regulations 1981 references to a relevant transfer includes transfers from one governing body to another

(b)

in the Schedule "Transfer of Undertakings (Protection of Employment) Regulations 1991.".'

Selection by aptitude

Mr Phil Willis
Mr David Laws

NC4

To move the following Clause:

'(1) The School Standards and Framework Act 1998 (c. 59) is amended as follows.

(2) Clause 99 (General restriction on selection by ability or aptitude) is amended by leaving out subsection (4)(b).

(3) Section 106(1) (eligibility of parents to request or vote in a ballot) is amended by inserting "primary" before "schools".

(4) In section 106 subsection (2) is omitted.

(5) Section 106(3)(a) (proportion of parents required to request a ballot) is amended by leaving out "20" and inserting "5".

(6) Section 106(3) paragraph (b) is omitted.

(7) Section 107(3) (information provision by the authority or body on intentions or proposals following a successful petition) is amended by leaving out subsection (c) and inserting

"(c)

a statement by the authority or body on intentions or proposals for a non-selective education system which may include information on options, costs and planning assumptions in the event of such a result.".'.

Permitted selection: aptitude for particular subjects

Mr David Chaytor
Harry Cohen
Lynne Jones
Mrs Janet Dean
Dr Rudi Viz

NC9

To move the following Clause:

'The School Standards and Framework Act 1998 is amended by omitting section 102.'.

'After section 106 of the School Standards and Framework Act 1998 there is inserted

"106A Restrictions relating to petitions and ballots

Where a petition of parents has been initiated, or a ballot held, and no change to admissions arrangements has been agreed, no further ballot may take place within a period of six years from the initiation of the petition.".'.

NEW CLAUSES RELATING TO PART 5

'After section 113 of the Learning and Skills Act 2000 (c.21) there is inserted

"113A Maintenance, expansion and funding of school sixth forms

(1) Where the Learning and Skills Council proposes a change in sixth form provision, there shall be a presumption that a school sixth form will not be closed where the governing body of the school proposes that it should continue and believes that it contributes to the success of the school as a whole.

(2) Subsection (1) above shall not apply if an inspection has shown that education for those above compulsory school age is of an unacceptable standard.

(3) A maintained school which provides education for pupils above compulsory school age but below the age of 19 may submit proposals to the relevant authority to increase the number of sixth form places, and the relevant authority shall provide funding for those places at the same per capita rate as for existing places, provided that the school can demonstrate sufficient demand for those places.".'.

NEW CLAUSES RELATING TO PART 8

Pay and conditions order

Mr Phil Willis
Mr David Laws

NC13

To move the following Clause:

'(1) In section 2 of the School Teachers' Pay and Conditions Act 1991 (c 49) there is inserted at the end of subsection 9

"(10)

A pay and conditions order must be made by the end of December for the following financial year.".'.